Legislative Wrap Up of “Leading Georgia into a Sustainable Future” Priorities for 2011

This year's legislative session ended on April 14th, and it was a mixed bag for the environmental community. 

Thank you to everyone who contacted their legislators before critical votes or held them accountable through the Georgia Environmental Action Network (GEAN). 

Here is a wrap up of the conservation community's shared “Leading Georgia into a Sustainable Future” priorities.

Priority #1 Accept No Rollbacks: We will defend current laws that protect our natural resources and work to minimize budget cuts for the Georgia Department of Natural Resources.

Update: HB 131 and 137 had provisions that would have significantly weakened state water protection laws when applied to state agencies and their subcontractors. Of particular concern was the Department of Transportation, which is the largest dirt mover and therefore biggest water polluter in the state. In their various iterations, these bills would have reduced or removed the fines for violating water protection laws and would have exempted state agencies and subcontractors from stream buffer requirements. Both weakening provisions were defeated before reaching the floor for a vote.

SB 218 would have allowed private companies to bid for and mine “deadhead” logs that are submerged in our riverbeds. The mining process poses a public health threat by dredging up pollutants such as lead, and releasing them into drinking water supplies.  These logs have also become an integral part of the river ecosystem, providing habitat, protection and food supply for fish populations.  This bill was defeated on the House floor.

SB 110 would have allowed landfills over significant groundwater recharge areas to accept waste from outside their county or region. This provision was originally written to prevent mega landfills over our drinking water. However, similar provisions were found unconstitutional in other states and proponents of the bill claimed it was merely a housekeeping measure to clarify the law. Despite that argument, local citizens recently utilized the provision to stop attempts to expand landfills over water recharge areas in their region. SB 110 failed to make it out of the House Natural Resources Committee.

HB 274 lifted the ban that prevented yard trimmings from being allowed in gas-capturing landfills in Georgia. The original ban was put in place in the 1990s as a way to extend the life of landfills. Since then, the composting industry has flourished and millions of tons of yard trimmings have been kept out of landfills. Despite the ban's success, HB 274 passed, serving a major setback for recycling in Georgia.

HB 179 revived the perennial issue of cutting public trees in front of billboard signs.  After years of defeating similar bills, HB 179 passed and will allow billboard companies to clear-cut all trees in a 250-foot viewing area in front of their signs.  The passage of HB 179 marked a significant loss for public property and the natural legacy of trees in our state.

Priority #2 Share Water Fairly: To ensure equitable sharing of water throughout Georgia and with our neighboring states, the General Assembly must put in statute criteria for evaluating proposals for new or expanded transfers of water and require greater opportunity for public involvement for the citizens and stakeholders of both basins.

Update: While several bills were introduced in the House and Senate that would have required regulation of inter-basin transfers, none made it out of their respective committees. 

SB 122 passed this session that will allow the Georgia Environmental Finance Authority (GEFA) and local governments to enter into public-private partnerships on water supply projects. These partnerships were previously banned and the passage of SB 122 will make reservoir financing and construction easier. While this bill was improved and environmental protections were added, the final bill that passed remains problematic.  While buffer requirements and other water protections are still required on projects funded in whole or part by GEFA, these protections are not required on water supply projects funded entirely by local governments and private entities. 

Priority #3 Conserve Land while Providing Tax Relief: Georgia’s forests, farms and natural areas are part of our heritage. Keeping our natural areas intact is also one of the best methods of protecting water and air quality. The General Assembly must remove limitations on the Land Conservation Tax Credit by making them transferable to another taxpayer. By allowing easement credits to be sold on the open market, we can expand the number of acres conserved in Georgia.

Update: In the final days of the legislative session, House Bill (HB) 346 was passed overwhelmingly by the House and Senate.  This bill included provisions that were a positive step forward for land conservation and solar energy.  HB 346 included language that would allow the Land Conservation Tax Credit to be transferred to another taxpayer.  This provision will allow easier access to the land conservation program and will ensure more acreage gets preserved for future generations of Georgians.

HB 346 also expanded the state's solar energy tax credit program.  The tax credit returns up to $10,500 for residential solar photovoltaic (PV) installations and up to $2,500 for residential solar water heaters.  The highly popular program was set to expire at the end of 2012 yet HB 346 extended it another two years through 2014.  The bill also raises the cap on the tax credit from $2.5 million to $5 million per year, great news to the many people that find themselves on a wait-list for receiving the solar tax credit.